Fifteen OECD countries, ten of which EU members, have regulation for fixing the price of printed books. At least eight of these have extended such regulation to e-books. This article investigates the cultural and economic arguments as well as the legal context concerning a fixed price for e-books and deals with the question of how the arguments for and against retail price maintenance for e-books should be weighted in the light of the evidence. It concludes that while the evidence in defence of a fixed price for printed books is slim at best, the case for a fixed price for e-books is weaker still while the legal acceptability within EU law is disputable. Against this background, introducing a fixed price for e-books is ill-advised.

<p>
Fifteen OECD countries, ten of which EU members, have regulation for fixing the price of printed books. At least eight of these have extended such regulation to e-books. This article investigates the cultural and economic arguments as well as the legal context concerning a fixed price for e-books and deals with the question of how the arguments for and against retail price maintenance for e-books should be weighted in the light of the evidence. It concludes that while the evidence in defence of a fixed price for printed books is slim at best, the case for a fixed price for e-books is weaker still while the legal acceptability within EU law is disputable. Against this background, introducing a fixed price for e-books is ill-advised.</p>

This descriptive legal analysis maps and evaluates a four decade legacy of communications security conceptualizations in E.U. law and policy, including four legislative proposals launched in 2013. As the first comprehensive historical analysis of its kind, the paper forwards a range of new scientific contributions in a time secure electronic communications are of historically unparalleled societal, economic and political relevance. Five communications security policy cycles are identified, and their ‘security’ definitions and scope are described. These cycles are: network and information security, data protection, telecommunications, encryption and cybercrime. An evaluation of the current E.U. ‘security’ conceptualizations illuminates the underlying values at stake, the protection offered in current regulations, the formulation of six research themes and an agenda for computer science, political theory and legal research. Despite constitutional values at stake such as privacy and communications freedom and a robust computer science literature, the paper observes a deep lack of conceptual clarity and coherence in E.U. security policymaking. It then concludes that the observed conceptual ambiguity has allowed powerful stakeholders to capture, or paint E.U. network and information security policies in any colour they like.

<p>
This descriptive legal analysis maps and evaluates a four decade legacy of communications security conceptualizations in E.U. law and policy, including four legislative proposals launched in 2013. As the first comprehensive historical analysis of its kind, the paper forwards a range of new scientific contributions in a time secure electronic communications are of historically unparalleled societal, economic and political relevance. Five communications security policy cycles are identified, and their ‘security’ definitions and scope are described. These cycles are: network and information security, data protection, telecommunications, encryption and cybercrime. An evaluation of the current E.U. ‘security’ conceptualizations illuminates the underlying values at stake, the protection offered in current regulations, the formulation of six research themes and an agenda for computer science, political theory and legal research. Despite constitutional values at stake such as privacy and communications freedom and a robust computer science literature, the paper observes a deep lack of conceptual clarity and coherence in E.U. security policymaking. It then concludes that the observed conceptual ambiguity has allowed powerful stakeholders to capture, or paint E.U. network and information security policies in any colour they like.</p>

HTTPS (Hypertext Transfer Protocol Secure) has evolved into the de facto standard for secure Web browsing. However, widely reported security incidents—such as DigiNotar's breach, Apple's #gotofail, and OpenSSL's Heartbleed—have exposed systemic security vulnerabilities of HTTPS to a global audience. The Edward Snowden revelations—notably around operation BULLRUN, MUSCULAR, and the lesser-known FLYING PIG program to query certificate metadata on a dragnet scale—have driven the point home that HTTPS is both a major target of government hacking and eavesdropping, as well as an effective measure against dragnet content surveillance when Internet traffic traverses global networks. HTTPS, in short, is an absolutely critical but fundamentally flawed cybersecurity technology.

To evaluate both legal and technological solutions to augment the security of HTTPS, our article argues that an understanding of the economic incentives of the stakeholders in the HTTPS ecosystem, most notably the CAs, is essential. We outlines the systemic vulnerabilities of HTTPS, maps the thriving market for certificates, and analyzes the suggested regulatory and technological solutions on both sides of the Atlantic. The findings show existing yet surprising market patterns and perverse incentives: not unlike the financial sector, the HTTPS market is full of information asymmetries and negative externalities, as a handful of CAs dominate the market and have become "too big to fail." Unfortunately, proposed E.U. legislation will reinforce systemic vulnerabilities, and the proposed technological solutions that mostly originate in the U.S. are far from being adopted at scale. The systemic vulnerabilities in this crucial technology are likely to persist for years to come.

HTTPS (Hypertext Transfer Protocol Secure) has evolved into the de facto standard for secure Web browsing. However, widely reported security incidents—such as DigiNotar's breach, Apple's #gotofail, and OpenSSL's Heartbleed—have exposed systemic security vulnerabilities of HTTPS to a global audience. The Edward Snowden revelations—notably around operation BULLRUN, MUSCULAR, and the lesser-known FLYING PIG program to query certificate metadata on a dragnet scale—have driven the point home that HTTPS is both a major target of government hacking and eavesdropping, as well as an effective measure against dragnet content surveillance when Internet traffic traverses global networks. HTTPS, in short, is an absolutely critical but fundamentally flawed cybersecurity technology.

To evaluate both legal and technological solutions to augment the security of HTTPS, our article argues that an understanding of the economic incentives of the stakeholders in the HTTPS ecosystem, most notably the CAs, is essential. We outlines the systemic vulnerabilities of HTTPS, maps the thriving market for certificates, and analyzes the suggested regulatory and technological solutions on both sides of the Atlantic. The findings show existing yet surprising market patterns and perverse incentives: not unlike the financial sector, the HTTPS market is full of information asymmetries and negative externalities, as a handful of CAs dominate the market and have become "too big to fail." Unfortunately, proposed E.U. legislation will reinforce systemic vulnerabilities, and the proposed technological solutions that mostly originate in the U.S. are far from being adopted at scale. The systemic vulnerabilities in this crucial technology are likely to persist for years to come.

This paper sets out to provide a concise overview of key developments in relation to Internet-based services that may have an impact on public policies and ultimately on the state itself. It is intended to support the Netherlands Council for Societal Development (\textit{Raad voor Maatschappelijke Ontwikkeling}, RMO) in preparing its advisory report to the Dutch government on how to deal with the impact of the Internet on society and the state.

This paper sets out to provide a concise overview of key developments in relation to Internet-based services that may have an impact on public policies and ultimately on the state itself. It is intended to support the Netherlands Council for Societal Development (Raad voor Maatschappelijke Ontwikkeling, RMO) in preparing its advisory report to the Dutch government on how to deal with the impact of the Internet on society and the state.

In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.

In applying the rules on hosting providers' liability, French lower courts have shifted from a notice and take down rule (provided by Article 14 of the E-Commerce Directive and Article 6 of the French implementing law) to a notice and stay down rule (created by the judges). This interpretation was confirmed in 2011 by the Paris Court of Appeal but overruled by the Cour de cassation on 12 July 2012.

Commissioned by the WODC (Research and Documentation Centre of the Ministry of Security and Justice), research has been conducted on duties of care on the Internet, more specifically from the perspective of Internet service providers. The situation in four countries - the Netherlands, the UK, Germany and France - was researched. The (self-)regulation with respect to five separate themes (Internet security and safety, child pornography, copyright, identity fraud and the trade in stolen goods through Internet platforms) was identified. In addition to this, a significant number of interviews with stakeholders were conducted.

Commissioned by the WODC (Research and Documentation Centre of the Ministry of Security and Justice), research has been conducted on duties of care on the Internet, more specifically from the perspective of Internet service providers. The situation in four countries - the Netherlands, the UK, Germany and France - was researched. The (self-)regulation with respect to five separate themes (Internet security and safety, child pornography, copyright, identity fraud and the trade in stolen goods through Internet platforms) was identified. In addition to this, a significant number of interviews with stakeholders were conducted.

@article{,
title = {Legal, Economic and Cultural Aspects of File Sharing},
author = {N.A.N.M. van Eijk and J.P. Poort},
url = {http://www.ivir.nl/publicaties/download/Communications&Strategies_2010.pdf},
year = {2010},
date = {2010-04-16},
journal = {Communications & Strategies},
number = {77},
pages = {35-54},
abstract = {This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the long-term impact concerns changes in the industry's business models as well as in cultural diversity and the accessibility of content. It observes that the proliferation of digital distribution networks combined with the availability of digital technology among consumers has broken the entertainment industries' control over the access to their products. Only part of the decline in music sales can be attributed to file sharing. Despite the losses for the music industry, the increased accessibility of culture renders the overall welfare effects of file sharing robustly positive. As a consequence the entertainment industries, particularly the music industry, have to explore new models to sustain their business.},
keywords = {},
pubstate = {published},
tppubtype = {article}
}

This contribution seeks to identify the short and long-term economic and cultural effects of file sharing on music, films and games, while taking into account the legal context and policy developments. The short-term implications examined concern direct costs and benefits to society, whereas the long-term impact concerns changes in the industry's business models as well as in cultural diversity and the accessibility of content. It observes that the proliferation of digital distribution networks combined with the availability of digital technology among consumers has broken the entertainment industries' control over the access to their products. Only part of the decline in music sales can be attributed to file sharing. Despite the losses for the music industry, the increased accessibility of culture renders the overall welfare effects of file sharing robustly positive. As a consequence the entertainment industries, particularly the music industry, have to explore new models to sustain their business.

The collected essays in this book concern the intriguing matter of the interaction between law and technology and the normative role of information technology. More precisely, they focus on the way information and communication technologies regulate human behaviour. Can information technology be an alternative to legal regulation and, if so, what are the risks?

The issues raised in this book were discussed during a conference entitled \textit{Code as Code}, held in Amsterdam. The report of the debate between leading experts who attended the conference forms the round-up in the book, as do the proposals for a future agenda for research.

The collected essays in this book concern the intriguing matter of the interaction between law and technology and the normative role of information technology. More precisely, they focus on the way information and communication technologies regulate human behaviour. Can information technology be an alternative to legal regulation and, if so, what are the risks?

The issues raised in this book were discussed during a conference entitled Code as Code, held in Amsterdam. The report of the debate between leading experts who attended the conference forms the round-up in the book, as do the proposals for a future agenda for research.

France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying.

France is one of the European countries where a particularly vivid public discussion about DRM and the private copying exception took place. This is thanks to the efforts of French consumer organisations taht initiated a number of court cases dealing with complaints of consumers about CDs and DVDs that could, among others, not be copied and ripped because of technical protection measures in place. This article discusses that latest DRM decision in France, a decision that went one step further than its predecessors when dealing with the difficult question of the relationship between DRM and private copying.

The article will have a closer look at the charges of the EFF and a Californian lawyer against Sony BMG's latest DRM strategy. The Sony BMG case adds a number of new dimensions to the DRM and Consumer debate. The article will highlight some aspects, also against the background of similar recent case law in Europe.

The article will have a closer look at the charges of the EFF and a Californian lawyer against Sony BMG's latest DRM strategy. The Sony BMG case adds a number of new dimensions to the DRM and Consumer debate. The article will highlight some aspects, also against the background of similar recent case law in Europe.

Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.

Apple's tight control over the FairPlay DRM system has caused many iPod users to complain that they cannot play certain files on their iPod, namely the files they bought from other online services, using a different DRM system. The proprietary control over FairPlay is also a thorn in the flesh of iTunes rivals who sought various ways to get around FairPlay's lack of interoperability. The French enterprise VirginMega tried it the legal way and so did it come that Apple's FairPlay was probably also the first case in which a competition authority in Europe had to decide if access to a Digital Rights Management system can be enforced on grounds of competition law.